DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Rail Pty Ltd T/A Downer EDI Rail
(AG2018/6022)

DOWNER RAIL MARYBOROUGH ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 MARCH 2019

Application for approval of the Downer Rail Maryborough Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Downer Rail Maryborough Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Rail Pty Ltd T/A Downer EDI Rail. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 28.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 19 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 20 March 2019 and, in accordance with s.54, will operate from 27 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Downer EDI Rail Pty Ltd T/A Downer EDI Rail was before the Fair Work Commission, where the company sought approval for the Downer Rail Maryborough Enterprise Agreement 2018. The application was brought to determine the agreement's compliance with the relevant legislative requirements and its fairness to the employees involved. The Commission was tasked with ensuring that the agreement met the standards set forth in the Fair Work Act 2009 and provided adequate protection to the workforce's interests.

The primary legal issues the Commission had to address were whether the agreement was a genuine enterprise agreement, whether it had been made in good faith, and whether it provided for fair and reasonable terms and conditions for the employees. The Commission also had to ensure that the agreement was free from any unfair provisions that could potentially disadvantage the employees. Furthermore, the Commission considered the procedural fairness in the negotiation and making of the agreement.

In its decision, the Fair Work Commission found that the Downer Rail Maryborough Enterprise Agreement 2018 was a genuine enterprise agreement, made in good faith, and contained fair and reasonable terms and conditions for the employees. The Commission acknowledged that the negotiation process was conducted appropriately, with both parties engaging in meaningful discussions. The Commission also determined that the agreement did not contain any unfair provisions that would disadvantage the employees. Consequently, the Commission approved the agreement, recognising its compliance with the Fair Work Act 2009 and its benefits to the employees.

Downer EDI Rail Pty Ltd T/A Downer EDI Rail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established